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Delta Frangible Ammunition, LLC v. Sinterfire

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


August 25, 2008

DELTA FRANGIBLE AMMUNITION, LLC, PLAINTIFF,
v.
SINTERFIRE, INC., DEFENDANT.

The opinion of the court was delivered by: Terrence F. McVerry United States District Judge

Judge McVerry

Magistrate Judge Bissoon

MEMORANDUM ORDER

On November 8, 2006, this patent infringement case was referred to United States Magistrate Judge Francis X. Caiazza for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

On July 23, 2008, Judge Caiazza issued a Report (Doc. 75) recommending that the District Court construe the parties' disputed claim terms, "sintering" and "sintering temperature," to mean "the bonding of adjacent particles in a powder mass or compact by heating to a temperature below the melting point of the main constituent." Id. at 41.*fn1 Service of the Report and Recommendation was made on the parties, and Defendant filed Objections on August 8, 2008. See Doc. 76.

After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the Objections thereto, the following Order is entered:

AND NOW, on this 25th day of August, 2008, IT IS HEREBY ORDERED that, for the purposes of claim construction, the terms "sintering" and "sintering temperature" mean:

The bonding of adjacent particles in a powder mass or compact by heating to a temperature below the melting point of the main constituent.

The Report and Recommendation dated July 23, 2008 is adopted as the opinion of the District Court.


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